HI Joseph, If you remember , I asked a question about a family

Customer Question

HI Joseph, If you remember , I asked a question about a family member who has a large hospital bill and is paying it off on a plan and if that family member owes two other family members a large sum of money I asked if a lien against that persons house was taken out against the property, if either the hospital sued for the money, you told me that whoever sues first has the priority on the property. Ok thats all clear, but is it legal if the two family members owed that money have taken the liens out in two other countries against that property, would that be legal in the US? or do the liens have to be filed in America in order to make them legal?

The liens would either need to be transfered to the U.S. or be taken out separately in the U.S. in order to make them legal and enforcible in court. Otherwise, the courts would not have any jurisdiction to enforce the liens taken out in other countries.

Great ok Joseph, thanks, XXXXX XXXXX courts need actual proof of the debts in any way at all, if so, what would the teo family members need to provide as evidence to produce to the courts?Thankyou, kind regards XXXXX XXXXX for a quick answer Joseph!\terry

Yes, in order to place a lien on any property the courts would need proof that the debts exist. Examples of proof would include bills or statemtns made that document the debt that is owed to the person requesting the lien to be placed on the property.

OK Thanks again for your speedy reply. Would you say, Joseph, as the person who owes the two family members is very old and quite ill, that it would be a sensible precautionary measure for the two family members that are owed the money, to actually take out the liens right away or what advice would you give to them in this case as it seems likely the person who owns the property will never pay the debt with the time he has remaining. What would you do in this case if you were a family member owed this money as it stands at the moment?cheers Terry.

Yes, I would suggest that the two family members take out the liens immediately, or as soon as possible in order to ensure that the liens placed by the family members take priority above any claims that are filed for debt that the person owes separately.

If I were in the situation, I would definitely look to file a lien as soon as possible to ensure that I was paid the money that I'm owed by the family member. (Although I realize that this is a difficult action to take with a family member, it is likely the one that the person would prefer to ensure that his or her estate goes to family and not to companies and hospitals that he owes money to).

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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